Apple has filed motions to temporarily halt two of its lawsuits with Motorola Mobility, arguing that the company gave up the authority to sue in its pending merger with Google.

As noted by Florian Mueller of FOSS Patents, Apple filed motions to stay for a lawsuit brought by Motorola against it in the southern District of Florida and for a separate suit that the company filed against Motorola in the Western District of Wisconsin.

Apple's lawyers argue that Motorola has ceded control over its patents to Google in its merger agreement. As such, the company argues that Motorola lacks the standing to sue.

The Cupertino, Calif., company asserts that it shouldn't have to spend resources litigating claims against a party that is no longer able to enforce its patents. "Apple should not have to face the threat of an injunction based on the claims of a party that now has no standing to bring those claims," the filing reads.

Even if Apple to successfully defended itself in Motorola's case against it before the acquisition goes through, the case could potentially be reopened by Google after the merger. Thus, Apple argues that it "should not be required to litigate this case only to reach a result that may well be overturned on appeal due to the absence of prudential standing," which refers to court-dictated criteria that establishes the right to sue.

"[W]ere Apple to prevail in this case, it risks an attack on its victory on appeal by a third party, whether Google or another Android smartphone manufacturer, contending that the judgment should be overturned due to a lack of prudential standing."

The filing pointed to Google's acquisition of Motorola, announced in August, as "one of the most significant transactions in the technology industry," referring specifically to comments by company executives that described the deal as an effort to "protect" the Android ecosystem.

"To further its pending acquisition by Google, Motorola has surrendered critical rights in the patents-in-suit, such that Motorola no longer has prudential standing to pursue this action. According to the publicly-filed Merger Agreement, Motorola has ceded control of the most basic rights regarding the patents-in-suit," Apple wrote.

The document went on to note that Motorola cannot, without Google's consent, sue for infringement of its patents in any new action, settle pending litigation that would require a license to any of its patents, license or sublicense is patents except in limited circumstances relating to the sale of Motorola's products, assign its rights in its patents and/or grant a covenant not to sue for infringement of its patents.

Motorola's response to the motion is due shortly. If the motion were successful, it would only put a hold on the two aforementioned cases between the companies. A second case in Wisconsin is currently stayed while awaiting the results from ITC investigations from both parties.

Meanwhile, Apple is hoping for a third case in Wisconsin to continue because it relates to claims that Motorola is not providing fair, reasonable and non-discriminatory licenses to standards-related agents. Mueller notes that Apple's efforts to pause its other cases with Motorola could be an attempt to buy time for this FRAND case, which could affect the other cases.

Motorola's complaint against Apple with the ITC is currently stayed because the Administrative Law Judge in charge of the investigation recently retired. Finally, hearings for Apple's ITC case against Motorola are set to begin in two weeks, with an initial determination scheduled for the end of November.

The cases involve numerous patents being asserted against each other, mainly centering around wireless and smartphone technologies.

Apple is currently embroiled in several other complicated legal disputes against the top Android handset makers, including Samsung and HTC. The company has recently won small victories against both Samsung and HTC.

Apple haven't had the bollocks to take on Google as yet despite plenty of opportunity. With Apple being as litigious as they have been as of late, why haven't they attacked Google directly?

It seems it's Apple who lack any type of testicles.

They have been sued first in many cases and have only taken the lead when their products have been copied blatantly. Google does not produce any phones directly that infringe, only the OS that runs on them. The phone makers pretty much stand alone in producing the infringing devices.

NoahJ"It is unwise to be too sure of one's own wisdom. It is healthy to be reminded that the strongest might weaken and the wisest might err." - Mahatma Gandhi

They have been sued first in many cases and have only taken the lead when their products have been copied blatantly. Google does not produce any phones directly that infringe, only the OS that runs on them. The phone makers pretty much stand alone in producing the infringing devices.

Wow you don't know what you're talking about do you? If it were Android that Apple thought infringed on something they would sue Google. In the case of Samsung the only patents that have been upheld so far are the picture gallery and one other. This is a stall tactic spun by the author of the article. The Motorola patent portfolio is one of the strongest in the industry regarding mobile electronics. This smacks of desperation seizing an opportunity.

The covenants cited in the article all look perfectly standard in this type of a transaction. If Apple says that the covenants preclude standing, then it is tantamount to saying that no company with a pending merger has any standing to use the courts.

The covenants cited in the article all look perfectly standard in this type of a transaction. If Apple says that the covenants preclude standing, then it is tantamount to saying that no company with a pending merger has any standing to use the courts.

I doubt that they will succeed.

Google has already given Motorola patents to HTC, who are using them against Apple in a separate case.

So who owns these patents?

That is the question.

If Google owns them, Motorola has no case.

If Motorola owns them what the hell is Google doing in giving them away?

Better than my Bose, better than my Skullcandy's, listening to Mozart through my LeBron James limited edition PowerBeats by Dre is almost as good as my Sennheisers.

Apple is trying to bait Google into suing them directly so they can counter sue.
Good strategy by Apple.
Lets see if Google has the balls to take on Apple directly.
Let the games begin.

Not sure if Apple would sue Google directly, and vice versa. Google makes too much revenue off of the search, Maps, YouTube, etc. integration in Apple products, and Apple would be foolish to strip those out of their products without a better alternative. Unless Apple has been developing their own, better search, Maps, and streaming video site, Bing and others are not going to be an option right now.

Wow you don't know what you're talking about do you? If it were Android that Apple thought infringed on something they would sue Google. In the case of Samsung the only patents that have been upheld so far are the picture gallery and one other. This is a stall tactic spun by the author of the article. The Motorola patent portfolio is one of the strongest in the industry regarding mobile electronics. This smacks of desperation seizing an opportunity.

Im not a patent expert, but most of what you've wrote is counter to what I've been reading. Apple has initially won a verdict in Germany against samsung (as you aluded to), and the gallery function is actually related to android, not samsung specifically. If anything, it would appear apple is using these manufacturers to test and see what patents are going to be considered strong and valid so they can have precedence if/when google and apple go to court directly. This would make some sense as google would probay have the most resources to delay and frustrate apples efforts, so having a bunch of patents which have already been upheld could be very helpful.

Industry leaders and patent experts do not value motorola's (now possibly googles) current patent portfolio very highly, with the exception of old-fake steve jobs whose initial position has been the laughing stock of most of the articles written on the subject. Apparently motorola has sold off most of their valuable patents already, and that this buyout was a fairly desperate and out-of-character move for google.

Finally, the author was fairly clear that this is a stall tactic by apple and he went on to explain in laymans terms part of why apple is probably stalling, which could also explain why motorola is rushing to use these patents when the buyout hasn't been finalized. Thus, I'm not seeing this "spin" the author is being accused of putting on this article.

Im not a patent expert, but most of what you've wrote is counter to what I've been reading. Apple has initially won a verdict in Germany against samsung (as you aluded to), and the gallery function is actually related to android, not samsung specifically. If anything, it would appear apple is using these manufacturers to test and see what patents are going to be considered strong and valid so they can have precedence if/when google and ap....

The victory in Germany is laughable at best because it's not one. The physical "desgins" are too similar... . The break neck speed this one gets overturned will be record breaking. Even now in Australia the judge has asked for sales numbers to prove that if any infringement occurred that harm was done.

The reason Apple doesn't go after Google is the Palm patents. Those are the big money ones and the same reason Apple dropped all mention of suing Palm when the Pre was released.

The victory in Germany is laughable at best because it's not one. The physical "desgins" are too similar... . The break neck speed this one gets overturned will be record breaking. Even now in Australia the judge has asked for sales numbers to prove that if any infringement occurred that harm was done.

The reason Apple doesn't go after Google is the Palm patents. Those are the big money ones and the same reason Apple dropped all mention of suing Palm when the Pre was released.

We'll see on how quickly the German court decision gets repealed. I'm not sure how that means that apple wasn't suing samsung over a feature of android though, and so either way I think it shows apple is suing manufacturers over things found in google and are not going to sue google for android features right away.

Also, HP bought Palm, not google. I can find articles suggesting google should have bought palm but no where states google bought any patents from palm. As for why apple didn't sue palm over multi-touch, I'm not positive, but it seems just as possible they didn't sue palm because the pre was never popular and so a suit would only draw more attention to the pre, and possibly help pre sales more than hurt them. It very well could be that they were scared of palms patents, but I can't find direct evidence of such and it all seems irrelevant to this discussion since HP owns palm and not google.

The victory in Germany is laughable at best because it's not one. The physical "desgins" are too similar... . The break neck speed this one gets overturned will be record breaking. Even now in Australia the judge has asked for sales numbers to prove that if any infringement occurred that harm was done.

The reason Apple doesn't go after Google is the Palm patents. Those are the big money ones and the same reason Apple dropped all mention of suing Palm when the Pre was released.

The injunction in Germany is over a month old. Record breaking break neck speed seems to be awfully slow.

Apple is trying to bait Google into suing them directly so they can counter sue.

Hardly.

Apple hasn't had to bait anyone. Google did this by buying the patents. It's only fair that right to sue goes to them with right to license. And it is only fair that Apple get the case dropped and refiled by the correct parties.

Google has already given Motorola patents to HTC, who are using them against Apple in a separate case.

So who owns these patents?

That is the question.

If Google owns them, Motorola has no case.

If Motorola owns them what the hell is Google doing in giving them away?

I'm confused. I thought a previous article said HTC was suing Apple but this one says Motorola is suing Apple. Unless money has changed hands and has gone through all approval hoops, then Google nor HTC does not own these patents. Sounds like Google is getting ahead of itself.

Not sure if Apple would sue Google directly, and vice versa. Google makes too much revenue off of the search, Maps, YouTube, etc. integration in Apple products, and Apple would be foolish to strip those out of their products without a better alternative. Unless Apple has been developing their own, better search, Maps, and streaming video site, Bing and others are not going to be an option right now.

I agree to an extent.

The only thing that Google offers is YouTube.

We already know Apple is developing its own mapping service.

I actually lost a bet about using Bing to a friend who works up at Microsoft.
I find that Bing is BETTER than Google when it comes to every day searches.

The only time I now use Google is for technical searches. Outside of that Bing is great.

Im not a patent expert, but most of what you've wrote is counter to what I've been reading.

I'd suggest finding some new news sources. You'll see why below.

Quote:

Originally Posted by bigdaddyguido

....and the gallery function is actually related to android, not samsung specifically....

Incorrect.

Samsung have modified the stock Android Gallery app so that a partial swipe of a picture ends up with the picture bouncing back into place. The stock Android gallery does not act in this manner and thus does not infringe (a partial swipe will always result in moving to the next picture).

Quote:

Originally Posted by spacekid

I'm confused. I thought a previous article said HTC was suing Apple but this one says Motorola is suing Apple. Unless money has changed hands and has gone through all approval hoops, then Google nor HTC does not own these patents. Sounds like Google is getting ahead of itself.

The patents in question were apparently acquired separately from Google takeover.

Samsung have modified the stock Android Gallery app so that a partial swipe of a picture ends up with the picture bouncing back into place. The stock Android gallery does not act in this manner and thus does not infringe (a partial swipe will always result in moving to the next picture).

Thank you, I had been looking for a good summary of the infringing part of samsung gallery app. I had heard from multiple sources that it was largely similar to the stock android version. Would you happen to remember where you saw your summary as I'd life to follow this source?

At least one of the patents given to HTC by Google came from Palm, so apparently they did purchase some. Like you tho, I never saw mention of it until just a few days ago. It appears Google's been flying under the radar with some of their IP acquisitions, and that's a shock with both Apple and Google moves getting a lot of press.

Wow you don't know what you're talking about do you? If it were Android that Apple thought infringed on something they would sue Google. In the case of Samsung the only patents that have been upheld so far are the picture gallery and one other. This is a stall tactic spun by the author of the article. The Motorola patent portfolio is one of the strongest in the industry regarding mobile electronics. This smacks of desperation seizing an opportunity.

Motorola's patents are mostly encumbered by FRAND meaning they are next to useless as long as Apple pays the licence fee, the same licence fee everyone else pays. Thats why no one is scared of them, all the patents that would help Motorola against Apple have already been licenced to Apple. Motorola are now saying the patents licenced under FRAND arn't licenced under FRAND, their trying to pull the same stunt that Nokie tried and failed with (if you look at the amount of cash Nokie recived then devide it by the amount of phones Apple had sold it's clear Apple paid them the standard licence fee).

Thats why Apple, along with Microsoft, has felt able to sue Motorola. Basically Motorola has come to a gunfight without any bullets. As for Samsung, well it's had 3 of it's products banned from Germany, it's had a suspended judgmeant aginst it covering the rest of the EEA while the German court works out if it has competence to extend the ban and it's already agreed not to sell them in Australia.

Motorola's patents are mostly encumbered by FRAND meaning they are next to useless as long as Apple pays the licence fee, the same licence fee everyone else pays. Thats why no one is scared of them, all the patents that would help Motorola against Apple have already been licenced to Apple. Motorola are now saying the patents licenced under FRAND arn't licenced under FRAND, their trying to pull the same stunt that Nokie tried and failed with (if you look at the amount of cash Nokie recived then devide it by the amount of phones Apple had sold it's clear Apple paid them the standard licence fee).

Thats why Apple, along with Microsoft, has felt able to sue Motorola. Basically Motorola has come to a gunfight without any bullets. As for Samsung, well it's had 3 of it's products banned from Germany, it's had a suspended judgmeant aginst it covering the rest of the EEA while the German court works out if it has competence to extend the ban and it's already agreed not to sell them in Australia.

Actually the claims that Motorola has no bullets is pushed more by Florian Mueller at FOSSPatents than anyone else, and his objectivity is lacking IMO. For arguments sake, just assume he's somewhat correct. It only takes one strong patent that's difficult to engineer around to create problems for Apple (or Microsoft for that matter), enough that they may decide to negotiate. IMHO the lawsuits filed by Apple and Microsoft don't mean they're convinced that Moto has no weapons of their own. I think they're intended to create uncertainty for Android. Since both Apple and MS have plenty of disposable cash if they lose, making it no big deal, simply slowing Android's advance using as many legal tactics as they have could be viewed as a success.

Actually the claims that Motorola has no bullets is pushed more by Florian Mueller at FOSSPatents than anyone else, and his objectivity is lacking IMO. For arguments sake, just assume he's somewhat correct. It only takes one strong patent that's difficult to engineer around to create problems for Apple (or Microsoft for that matter), enough that they may decide to negotiate. IMHO the lawsuits filed by Apple and Microsoft don't mean they're convinced that Moto has no weapons of their own. I think they're intended to create uncertainty for Android. Since both Apple and MS have plenty of disposable cash if they lose, making it no big deal, simply slowing Android's advance using as many legal tactics as they have could be viewed as a success.

If the lawsuits are simply intended to create uncertainty I would have expected many more by now. Yes both Apple and Microsoft have the money if they lose but I don't think that's a factor. I think Apple is collecting the easy scalps right now.

Apple hasn't had to bait anyone. Google did this by buying the patents. It's only fair that right to sue goes to them with right to license. And it is only fair that Apple get the case dropped and refiled by the correct parties.

Spot on. Until a merger is fully consummated, we don't know who leaves, who stays, what gets assigned to whom, which division owns what, etc. Everyone has to wait for the dust to settle.

Apple is simply saying that they want to know against whom they are facing off.

For all we know, Google could decide to drop the matter as well, since they will have their hands full for a while, trying to integrate 19,000 new employees into a company with 28,000 employees.

Google only gave (or sold) 9 of the patents to HTC. So HTC can sue based on those 9 patents and Google can sue based on the rest.

...and the cases where Motorola is suing?

If Google is giving their patents away it implies that Motorola now longer owns them i.e. have surrendered rights over them to Google, in which case Apple is right in disputing the cases where Motorola continues to use them.

Google's complaint in the Microsoft vs Motorola case, where they objected to the possibility of one of Microsoft's expert witnesses revealing "highly proprietary" parts of "open" Android was thrown out on the grounds they were not a direct party to the case.

Better than my Bose, better than my Skullcandy's, listening to Mozart through my LeBron James limited edition PowerBeats by Dre is almost as good as my Sennheisers.

Apple haven't had the bollocks to take on Google as yet despite plenty of opportunity. With Apple being as litigious as they have been as of late, why haven't they attacked Google directly?

It seems it's Apple who lack any type of testicles.

Look, we all know you and your ilk want Apple to fail so bad you've become obsessed with it. But it isn't going to happen and you need to get your mind right. Trolling on an Apple centric web forum won't get it done either. In fact there's nothing any operating system or hardware manufacturer or troll can do to make Apple fail. Apple's been in the driver's seat for several years now. It hurts you to accept that but it is fact nonetheless. So do us and yourself a favor. Close your account here and move on to some Android fanboy site where you and your kindred spirits can rant away about Apple failing to your heart's content. There's security in numbers and you can fantasize all you want about taking Apple down without looking stupid.

If the lawsuits are simply intended to create uncertainty I would have expected many more by now. Yes both Apple and Microsoft have the money if they lose but I don't think that's a factor. I think Apple is collecting the easy scalps right now.

edit:Why do you think Florian Mueller isn't objective?

The more I've checked on him, the more comments I've seen from industry folk that he is/was bankrolled by Microsoft. From appearances, Apple may now be one of his clients. There's been a single muted complaint about them not being more clear about their plans for supporting the dev's, yet he claimed Google was "evil" for the same thing. Add not a single positive comment about HTC, Motorola, Samsung, Google or any other company on Apple's hit list, and the bias becomes more likely. Apple might even have the high ground in these lawsuits, but to not find a single flaw or mistake on their part isn't realistic.

The victory in Germany is laughable at best because it's not one. The physical "desgins" are too similar... . The break neck speed this one gets overturned will be record breaking. Even now in Australia the judge has asked for sales numbers to prove that if any infringement occurred that harm was done.

The reason Apple doesn't go after Google is the Palm patents. Those are the big money ones and the same reason Apple dropped all mention of suing Palm when the Pre was released.

I guess its moot to point out that you sound like a handroid troll! Wouldn't care to confirm that would you?

Even now in Australia the judge has asked for sales numbers to prove that if any infringement occurred that harm was done.

Since you brought up Australia

The thing I have to wonder is what kind of model does this Aussie judge use to determine harm? There would seem to be an awful lot of variables involved in this (economy, time of introduction, world growth rate of smart phones vrs Aussie rate, devaluing of Aussie currency, changes in sales patterns from feature to smart, infrastructure for handling bandwidth as smart phones sales have grown, etc.). Some of the itms I cite may or may not have much relevance but I bring them up because I think it is going to take a lot more than sales figures for the iPhone and just samsung (remember there are a lot of other phones that as a whole make up the Android community).

I think it is going to take someone with some pretty serious economics experience to untangle that and I think it is a red herring anyway. If violation of a patent only cause 10 androids to be sold it would still be a violation -- is she really trying to decide how much the violated these patents. I can't think of any other reason for this info.

Look, we all know you and your ilk want Apple to fail so bad you've become obsessed with it. But it isn't going to happen and you need to get your mind right. Trolling on an Apple centric web forum won't get it done either. In fact there's nothing any operating system or hardware manufacturer or troll can do to make Apple fail. Apple's been in the driver's seat for several years now. It hurts you to accept that but it is fact nonetheless. So do us and yourself a favor. Close your account here and move on to some Android fanboy site where you and your kindred spirits can rant away about Apple failing to your heart's content. There's security in numbers and you can fantasize all you want about taking Apple down without looking stupid.

It's you and your ilk that want everything non-Apple to fail.

GalaxyTab was only responding in kind to the BS that you spouted FIRST. Don't try and twist the facts around.

"Apple has filed motions to temporarily halt two of its lawsuits with Motorola Mobility..."

...is worded in a confusing way. By stating that Apple has filed to halt two of "its lawsuits," you imply that Apple is the entity that filed the suits, which is not the case. They aren't Apple's lawsuits; they're Motorola's.

Clearer: "Apple has filed motions to temporarily halt two of Motorola Mobility's lawsuits."